Robert Angus Hill v Information Commissioner & Anor

Robert Angus Hill v Information Commissioner & Anor

The tribunal found that SCC no longer held the requested information, as its own records had been destroyed and any records held by external solicitors were not held on SCC's behalf. Therefore, SCC was not obliged to seek information it did not hold for FOIA purposes. Even if the information was held, the cost exemption under s12(2) FOIA justified refusal.

Parties
Appellant: Robert Angus Hill; First Respondent: Information Commissioner; Second Respondent: Sheffield City Council
Jurisdiction
England and Wales
Judgment Date
02 April 2025
Procedural Posture
FOIA Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Compulsory Purchase Orders, Records Management, Legal Professional Privilege
Administrative Law Information Law Freedom of Information Compulsory Purchase Orders Records Management Legal Professional Privilege

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Parties

Robert Angus Hill

Appellant

Information Commissioner

First Respondent

Sheffield City Council

Second Respondent

Procedural Posture

FOIA Appeal / Final Judgment

Legal Issues

  1. 1 Whether Sheffield City Council held the requested legal advice at the time of the FOIA request
  2. 2 Whether records held by external solicitors are 'held' by the Council for FOIA/EIR purposes
  3. 3 Whether the cost exemption under s12(2) FOIA applies

Ratio Decidendi

The tribunal found that SCC no longer held the requested information, as its own records had been destroyed and any records held by external solicitors were not held on SCC's behalf. Therefore, SCC was not obliged to seek information it did not hold for FOIA purposes. Even if the information was held, the cost exemption under s12(2) FOIA justified refusal.

Court Disposition

Appeal dismissed